Fwd: Diablo Easement Blockage and yesterday's Court Filing

[Alan Forkosh]

Bonnie Powers asked me to forward  the following message to CABOforum

Alan Forkosh                    Oakland, CA
afor...@mac.com

https://al4kosh.com

Begin forwarded message:

From: Bonnie & Bob Powers <b-bp...@att.net> 
Sent: Friday, November 3, 2023 1:09 PM
To: 'cabo...@googlegroups.com' <cabo...@googlegroups.com>
Subject: FW: Diablo Easement Blockage and yesterday's Court Filing

 

Hello CABO members and board members:

 

Just to give you some history on the “Easement Issue” concerning passage to Mt. Diablo Scenic Blvd. I have included the above attachment as well as the information below.  It is an issue that has been going on since 1979.

I encourage you to read through everything, so you are aware of the entire story.  Dave Hammond is a strong supporter and has spent “out or his pocket” more than $250,000.00 in attorney fees.  Basically, the neighbors are in favor of this passage.  Hikers, bikers, even golf carts and wild animals us this passage.

The Valley Spokesmen support Dave and many of our members were recently at a rally encouraging US Bank to take down the fence.  Furthermore, the club has voluntarily maintained the strip by compacting and leveling the path at our expense on several occasions.

 

Hope this helps in your discussion regarding the issue.

Bonnie Powers

 

From: Dave Hammond <dhamm...@live.com> 
Sent: Thursday, October 12, 2023 10:13 AM
To: Dave Hammond <dhamm...@live.com>
Subject: Diablo Easement Blockage and yesterday's Court Filing

 

Diablo Easement Supporters,

 

On September 27^th-28^th a group began the process of installing a wrought iron fence along Mount Diablo Scenic Blvd. on two parcels owned by the Wooten family.  Unfortunately, they extended this fence onto the adjacent US Bank property (formerly Bahrami) and completely blocked the easement.  

 

They were also handing out a misleading flyer suggesting that:

 

THERE IS NO PUBLIC EASEMENT ACROSS 2328 And 2354 Alameda Diablo and that a lawsuit attempting to establish the existence of a public easement across these properties                           was dismissed.

 

I filed a complaint yesterday regarding this whole easement dispute and fully expect that this will be settled in Court.  I urge you to read this complaint and share it with others who have an interest in seeing a 100-year-old public right of way protected. 

 

Hal Siebert who has lived in Diablo along Mount Diablo Scenic Blvd. has also joined this action.

 

Dave Hammond

 

 

 

The facts as I see them are simple:

 

In 1916 the newly created road called Mount Diablo Scenic Blvd started at the centerline of Alameda Diablo and cut diagonally across the flat land, the centerline of this 60-foot-wide roadway easement being the property boundary between what is now the US Bank property (formerly Bahrami) and the vacant Wooten parcel.  So initially there were 30 feet of easement on US Bank/Bahrami and the same on Wooten. Hence some of the confusion over the years.

 

In 1979 the County overlaid this original roadway easement with a new 25-foot-wide riding and hiking easement, placed entirely on the US Bank (formerly Bahrami) property. Specifically, the Southernmost 25 feet of this 2354 Alameda Diablo parcel (now US Bank owned).

 

When someone extended the wrought iron fence onto the US Bank property, effectively blocking this widely used public right of way, or easement, or dedicated easement, they either did so with full approval of US Bank or they overstepped their authority and blocked a public easement on a neighboring property. 

 

Our complaint seeks to determine who is at fault and to reopen the easement as quickly as possible.